Condition for liquidation - winding up, Business Law and Ethics

Assignment Help:

Condition for liquidation:

The liquidation itself may render a charge over the company's assets void in any of the following circumstances:

(a)     the charge was not registered within 42 days of creation as required by s.96;

(b)     the charge is a floating charge created within the period of 12 months before commencement of liquidation (paragraph 24 below), or

(c)     the charge is void as a fraudulent preference (paragraph 28 below).

If the charge is void the receiver's powers and appointment lapse and he must account to the liquidator for his transactions and the assets of the company still under his control.

If there are not sufficient other assets to pay preferential debts those debts are paid out of property subject to a floating charge in priority to that charge.  It is the duty of the liquidator to ensure that debts are paid in their due order of priority.


Related Discussions:- Condition for liquidation - winding up

Collecting banker, Collecting Banker Furthermore a collecting banker i...

Collecting Banker Furthermore a collecting banker is protected through the following provisions: like; (i)Bills of Exchange or Swap Act.  with S.82 (1) provides such a ban

Explain international law on terrorism, Normal 0 false false ...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Recommendations for addressing phoenix activities, Recommendations for addr...

Recommendations for addressing phoenix activities Over the past two decades there have been a significant range of proposals for addressing phoenix activity. Most of these opt

Commercial law, Commercial Law Alice is an 80 year old, illiterate, an...

Commercial Law Alice is an 80 year old, illiterate, and suffering from Alzheimer’s disease (a disease affecting short-term memory). Will is a social worker employed by the loc

Partnership law, Partnership Law However section 3(1) of the Partnersh...

Partnership Law However section 3(1) of the Partnership Act characterize like partnership; such; Therefore "The relation that subsists between persons carrying at a busines

Explain unsc resolution 1624 and when it is passed, Explain UNSC Resolutio...

Explain UNSC Resolution 1624  and when it is passed The most-recent such resolution is UNSC Resolution 1624 passed in the year 2005. It states: "1. Calls upon all States to

Legislative framework governing employment law in mauritius, QUESTION 1 ...

QUESTION 1 Discuss the legislative framework governing employment law in Mauritius. QUESTION 2 Pam works as a technician at Continent Ltd. During the few past weeks, Pa

Law institutions and delegation of authority, Law institutions and delegati...

Law institutions and delegation of authority How time-consistency plays a significant role in policy process. The problems induced by the heterogeneity leading to the problem o

Unionization, Normal 0 false false false EN-IN X-NON...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Describe the concept of fiduciary issue, Question 1: (a) Describe the c...

Question 1: (a) Describe the concept of fiduciary Issue. (b) Why do you think this is important in a country like Mauritius? (c) Explain a case from either your own coun

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd